Phillip "Break Free from 'What's In It For Me'-AT&T" Dampier

[We are reprinting this because it succinctly and persuasively proves a point we’ve been making at Stop the Cap! since 2008.  Broadband is not just a “nice thing to have.” It is as important as a phone line, electricity, and safe drinking water.  News, education, commerce, and culture increasingly utilize the Internet to share information and entertain us. Essential utility services can either be provided by a private company operating as a monopoly with oversight and regulation, or operate strictly in the public interest in the form of a customer-owned cooperative, a direct service of local government, or a quasi-public independent non-profit.

In North America, broadband was originally considered a non-essential service, and private providers in the United States lobbied heavily to maintain absolute control of their broadband networks, free to open them to share with other providers, or not.  They also won sweeping deregulation and are still fighting today for decreased oversight.  The results have been uneven service.  Large, compact cities enjoy modern and fast broadband while smaller communities are forced to live with a fraction of the speeds offered elsewhere, if they have access to the service at all.

With broadband now deemed “essential,” local governments have increasingly sought to end the same old excuses with the “don’t care”-cable company or “what’s in it for me”-AT&T and provide 21st century service themselves, especially where local commercial providers simply won’t step up to the plate at all.  Suddenly, big cable and phone companies are more possessive than your last boy/girlfriend. The companies that for years couldn’t care less about your broadband needs suddenly obsess when someone else moves in on “their territory.” They want special laws (that apply only to the competition) to make sure your broadband future lies exclusively in their hands.

Susan P. Crawford understand how this dysfunctional, controlling relationship comes at the expense of rural America.  She’s a visiting professor at the Harvard Kennedy School of Government and Harvard Law School. In 2009, she was a special assistant to President Barack Obama for science, technology and innovation policy. Her opinions were originally shared with readers of Bloomberg News.]

In cities and towns across the U.S., a familiar story is replaying itself: Powerful companies are preventing local governments from providing an essential service to their citizens. More than 100 years ago, it was electricity. Today, it is the public provision of communications services.

Susan Crawford

The Georgia legislature is currently considering a bill that would effectively make it impossible for any city in the state to provide for high-speed Internet access networks — even in areas in which the private sector cannot or will not. Nebraska, North Carolina, Louisiana, Arkansas and Tennessee already have similar laws in place. South Carolina is considering one, as is Florida.

Mayors across the U.S. are desperate to attract good jobs and provide residents with educational opportunities, access to affordable health care, and other benefits that depend on affordable, fast connectivity — something that people in other industrialized countries take for granted. But powerful incumbent providers such as AT&T Inc. and Time Warner Cable Inc. are hamstringing municipalities.

At the beginning of the 20th century, private power companies electrified only the most lucrative population centers and ignored most of America, particularly rural America. By the mid-1920s, 15 holding companies controlled 85 percent of the nation’s electricity distribution, and the Federal Trade Commission found that the power trusts routinely gouged consumers.

Costly and Dangerous

In response, and recognizing that cheap, plentiful electricity was essential to economic development and quality of life, thousands of communities formed electric utilities of their own. Predictably, the private utilities claimed that public ownership of electrical utilities was “costly and dangerous” and “always a failure,” according to the November 1906 issue of Moody’s Magazine. Now more than 2,000 communities in the U.S., including Seattle, San Antonio and Los Angeles, provide their own electricity.

Today, the Institute for Local Self-Reliance, which advocates for community broadband initiatives, is tracking more than 60 municipal governments that have built or are building successful fiber networks, just as they created electric systems during the 20th century. In Chattanooga, Tennessee, for example, the city’s publicly owned electric company provides fast, affordable and reliable fiber Internet access. Some businesses based in Knoxville — 100 miles to the northeast — are adding jobs in Chattanooga, where connectivity can cost an eighth as much.

Meanwhile, less than 8 percent of Americans currently receive fiber service to their homes, compared with more than 50 percent of households in South Korea, and almost 40 percent in Japan. Where it’s available, Americans pay five or six times as much for their fiber access as people in other countries do. Fully a third of Americans don’t subscribe to high-speed Internet access at all, and AT&T Chief Executive Officer Randall Stephenson said last month that the company was “trying to find a broadband solution that was economically viable to get out to rural America, and we’re not finding one, to be quite candid.” America is rapidly losing the global race for high-speed connectivity.

Tamping Down Enthusiasm

We've done something like this once before.

Like the power trusts of the 20th century, the enormous consolidated providers of wired Internet access want to tamp down any enthusiasm for municipal networks. Last year, telecom lobbyists spent more than $300,000 in a failed effort to block a referendum in Longmont, Colorado, to allow that city to provide Internet access. Time Warner Cable managed to get a North Carolina law enacted last year that makes launching municipal networks there extraordinarily difficult. The pending measures in Georgia and South Carolina are modeled on the North Carolina bill.

The Georgia bill is chock-full of sand traps and areas of deep statutory fog from which no local public network is likely ever to emerge. In addition to the ordinary public hearings that any municipality would hold on the subject, a town looking to build a public network would have to hold a referendum. It wouldn’t be allowed to spend any money in support of its position (there would be no such prohibition on the deep-pocketed incumbents). The community wouldn’t be allowed to support its network with local taxes or surplus revenues from any other services (although incumbents routinely and massively subsidize their networks with revenue from other businesses).

Most pernicious of all, the public operator would have to include in the costs of its service the phantom, imputed “capital costs” and “taxes” of a private provider. This is a fertile area for disputes, litigation and delay, as no one knows what precise costs and taxes are at issue, much less how to calculate these amounts. The public provider would also have to comply with all laws and “requirements” applicable to “the communications service,” if it were made available by “a private provider,” although again the law doesn’t specify which service is involved or which provider is relevant.

The end result of all this vague language will be to make it all but impossible for a city to obtain financing to build its network. Although the proponents of Georgia’s bill claim that they are merely trying to create a level playing field, these are terms and conditions that no new entrant, public or private, can meet — and that the incumbents themselves do not live by. You can almost hear the drafters laughing about how impossible the entire enterprise will be.

Globally Competitive Networks

Right now, state legislatures — where the incumbents wield great power — are keeping towns and cities in the U.S. from making their own choices about their communications networks. Meanwhile, municipalities, cooperatives and small independent companies are practically the only entities building globally competitive networks these days. Both AT&T and Verizon have ceased the expansion of next-generation fiber installations across the U.S., and the cable companies’ services greatly favor downloads over uploads.

Congress needs to intervene. One way it could help is by preempting state laws that erect barriers to the ability of local jurisdictions to provide communications services to their citizens.

Running for president in 1932, Franklin D. Roosevelt emphasized the right of communities to provide their own electricity. “I might call the right of the people to own and operate their own utility a birch rod in the cupboard,” he said, “to be taken out and used only when the child gets beyond the point where more scolding does any good.” It’s time to take out that birch rod.

Rep. Avila with Marc Trathen, Time Warner Cable's top lobbyist (right) in 2011. Photo by: Bob Sepe of Action Audits

Rep. Marilyn Avila (R-Time Warner Cable), the North Carolina representative fronting for the state’s largest cable company, sure can sing for her supper.

The representative who shilled for North Carolina’s notorious anti-community broadband legislation was the very special invited guest speaker for the cable industry lobbying association annual meeting, held last August in Asheville, according to newly-available lobbying disclosure forms obtained by Stop the Cap!

The North Carolina Cable Telecommunications Association reported they not only picked up Marilyn’s food and bar bill ($290 for the Aug. 6-8 event), they also covered her husband Alex, too.  Alex either ate and drank less than Marilyn, or chose cheaper items from the menu, because his food tab came to just $185.50.  The cable lobby also picked up the Avila’s $471 hotel bill, and handed Alex another $99 in walking-around money to go and entertain himself during the weekend event.  The total bill for the weekend, effectively covered by the state’s cable subscribers: $1,045.50.

That’s a small price to pay to reward a close friend who delivered on most of the cable industry’s wish-list for 2011.  Besides, the recent cable rate increases visited on North Carolina cable subscribers will more than cover the expense.

Meanwhile, in a separate disclosure, Stop the Cap! has learned Time Warner Cable covered food and beverage costs for members of the North Carolina General Assembly and their staff who attended the Mardi Gras World celebration in New Orleans, sponsored by corporate front group the American Legislative Exchange Council.  ALEC lobbies state legislatures for new laws they claim are grassroots-backed, but are in reality the legislative wish-lists of giant corporate interests, including North Carolina’s largest cable company — Time Warner.

The food and bar tab totaled just over $130 for the festivities.

Time Warner Cable achieved victory in 2011 passing anti-community broadband legislation through the North Carolina General Assembly, in part thanks to new support from the Republican takeover of the state legislature last year.

Plenty of taxpayer-backed money for this... (Time Warner Cable Arena - Charlotte, N.C.)

Which is more important:

1. Spending hundreds of millions of taxpayer dollars to finance sports facilities, stadiums, and “incentive packages” to attract and keep major sports franchises calling your city home;
2. Building quality digital infrastructure that will deliver 21st century broadband service at affordable prices for every local citizen that wants the service.

Here in western New York, the city of Buffalo — the third poorest city in the nation with 28 percent of its residents living in poverty and suffering chronically high unemployment — is about to the recipient of a one billion dollar bailout courtesy of the state government (a/k/a taxpayers).  That, even as some in the city are howling that the promised tens-to-hundreds of millions in promised renovation funding for the Ralph Wilson (Buffalo Bills) Stadium is apparently not included.

While hundreds of millions of taxpayer dollars are readily available to finance sports stadiums, getting privately financed bonds for public broadband is somehow the real crime in states like North and South Carolina.  North Carolina already has legislation in place that virtually assures broadband service is under the control of the state’s largest phone and cable companies, or it simply is not provided at all. Evidently in a battle over worthwhile public spending, financing a reported $260 million for Charlotte, N.C.’s Time Warner Cable Arena remains a higher priority than making sure the people of North Carolina have decent broadband service.

South Carolina this week is considering extending a similar courtesy to companies like AT&T and Time Warner Cable.  They need better broadband even more than their neighbors to the north.

Happily, broadband advocate Craig Settles has found a way for broadband lovers to have their cake and eat it too.

...but none for this?

Why not construct public, non-profit broadband networks by selling ownership shares to the general public?

All of you who believe in broadband’s impact on economic development (or are a little jealous of stories like this about Chattanooga’s 1 gigabit network), should look to the Green Bay Packers of the NFL for the key to financing your broadband network.

Yeah, they kind of choked in last Sunday’s playoff game against the N.Y. Giants. But the team is a surefire winner when it comes to raising money. The franchise raised $70 million to rehab its football stadium (Lambeau Field) by selling 280,000 stock shares to individuals at $250 a pop. They pulled off this amazing feat in just five weeks!

With apologies to New Orleans Saints fans — “Who Dat” is bringing big bucks into town for a project that will pump up the local economy? The citizens of Green Bay. Literally. The Green Bay Packers are a nonprofit corporation owned by local residents and businesses. Packers pride enabled Green Bay to outdo tech companies that can’t get an initial public offering off the ground, let alone raise $70 million.

If Green Bay can do all this for a football field, can’t your hometown or county convince constituents to raise just a few million for a broadband network?

$250?  That’s the combined price of today’s cable and cell phone service over just a single month.  Should a private non-profit group act as coordinator for the project, they can walk right past existing restrictions on municipal broadband enacted at the behest of big cable and phone companies.  Self-financed fiber to the home service could pay dividends… to customers instead of Wall Street.

Settles lays out the parameters and the challenges, namely fighting that old meme that only giant telecom duopolies know how to run a broadband business.  But as we’ve seen from small scrappy private providers like Sonic.net in California and publicly-owned EPB Fiber, providing superior service at a reasonable price will bring customers to your door.  Even more so if they also happen to own the door.

Draft legislation to make life difficult for community broadband in South Carolina has resurfaced this week in the state Senate Judiciary Committee.  The legislation, H. 3508, would hamstring communities from setting up fiber networks that are attracting hundreds of millions of dollars of new investments from digital economy businesses like Amazon.com in the nearby state of Tennessee.

Lobbyists from AT&T are aggressively pushing the measure, and no doubt Time Warner Cable will also deliver its support.

The protectionist legislation, which delivers all of the benefits to status quo providers like AT&T inside the Palmetto State, guarantees local officials cannot pitch advanced, community-owned fiber networks to companies like Amazon, Google, and other billion-dollar businesses that are expanding across the southern United States.

The implications are so dire, the South Carolina Association of Counties and the Municipal Association of South Carolina vociferously opposed the legislation last year.  On the ground in rural Orangeburg County, administrator Bill Clark understands first hand the implications of broadband scarcity.  He was shocked to discover the bill considers any connection that achieves the woeful speed of 190kbps would qualify as “broadband,” no doubt to allow AT&T to claim its 3G wireless broadband service already “well serves” the state of South Carolina.  If AT&T can demonstrate it delivers at least 190kbps service in South Carolina, even if capped to just a few gigabytes of usage per month, the company can claim South Carolina does not have a broadband problem.

Stop the Cap! readers inside South Carolina regularly complain about the state’s lousy broadband on the ground.  Our regular reader Fred in Laurens is stuck between a broadband rock and a hard place, navigating poor service from Frontier Communications, AT&T, and bottom-rated Charter Cable.  He can’t wait for a community provider to set up in South Carolina.

Unfortunately for Fred and other South Carolina residents, special interests in the telecommunications industry have gone out of their way petitioning state government to set up obstacles to community broadband while providers do little or nothing to upgrade broadband in the rural corners of the state.

Back to push more special interest legislation to keep community-owned broadband from taking hold.

Now AT&T is back to push for even stronger restrictions, and as Chris Mitchell from Community Broadband Networks wrote during last year’s tangle, this legislation will effectively make any local government ownership of telecommunications facilities impossible:

The bill is blatantly protectionist for AT&T interests, throwing South Carolina’s communities under the bus. But as usual, these decisions about a “level playing field” are made by legislators solely “educated” by big telco lobbyists and who are dependent on companies like AT&T for campaign funds. Even if AT&T’s campaign cash were not involved, their lobbyists talk to these legislators every day whereas local communities and advocates for broadband subscribers simply cannot match that influence.

We see the same unlevel playing field, tilted toward massive companies like AT&T, in legislatures as we do locally when communities compete against big incumbents with their own networks. Despite having almost all the advantages, they use their tremendous power and create even more by pushing laws to effectively strip communities of the sole tool they possess to ensure the digital economy does not pass them by.

South Carolina’s access to broadband is quite poor — 8th worst in the nation in access to the the kinds of connections that allow one to take advantage of the full Internet according to a recent FCC report [pdf].

Some of the provisions on display are remarkably transparent for AT&T’s own interests:

No reasonable provider will invest in expensive broadband infrastructure in an unserved area if it must stop providing communications services within 12 months of a Commission finding that a private provider has begun to offer at least 190 kilobits per second to more than 10 percent of the households in the area.

Public sector entities will be subjected to “the same local, state, and federal regulatory, statutory, and other legal requirements to which nongovernment‑owned communications service providers” are held. This is similar language we see in North Carolina and other states, betraying the total lack of ignorance on telecommunications policy among legislators and their staff.

Requiring public communications providers to comply with all applicable local, state, and federal requirements would be appropriate, but requiring them to meet the same requirements that non-government entities must meet would be tremendously time-consuming, burdensome, and costly for public entities. It would also lead to endless disputes over which requirements public entities should comply with and how they should do so. For example, incumbent local exchange carriers, competitive local exchange carriers, Internet service providers, cable companies, private non-profit entities, and other communications providers are all subject to different requirements.

Requiring public communications providers to comply with all requirements that apply to private communications providers will not achieve a “level playing field” unless private providers are simultaneously required to comply with all open records, procurement, civil service, and other requirements that apply to public entities.

Call to Action: Contact these members of the South Carolina Senate Judiciary Committee right away and let them know you oppose H.3508:

(click names of individual members to obtain direct contact information)

Points to Share:

• While South Carolina ponders another bill tying the hands behind the backs of our community leaders, Tennessee’s community fiber network in Chattanooga just helped that state score thousands of new jobs for an Amazon.com distribution center.  Amazon is investing hundreds of millions in the state and local economy, creating new high quality jobs.  They chose Chattanooga because it had the digital infrastructure at a price that made that community too attractive to ignore.  Meanwhile, AT&T and other companies do not offer this level of service without a huge upfront commitment and lengthy delay to provision facilities.  That’s time for companies to look to states like Tennessee instead, where they can get the right service at the right price in days, not months.
• South Carolina delivers the country’s 9th worst broadband.  What high tech company will consider coming to our state when broadband service is so lacking?  Since private providers have had ample opportunity to deliver service themselves, and failed to do so, why can’t local communities decide what is best for themselves, free from special interest interference from big companies like AT&T.
• Why is AT&T setting the broadband bar so low in South Carolina when other states are enjoying fiber to the home service at lightning fast speeds?  The bar is set so low at 190kbps, it leaves South Carolina in the dust.  Our schools, public safety networks, health care facilities, and economy deserve better and could get a major economic boost from construction of networks similar to that in Chattanooga.  If it doesn’t make sense, communities won’t build it. If it does, why are we letting AT&T effectively make the final decision?
• Public broadband does not have to risk taxpayer dollars.  Successful fiber networks are being built in communities across the country at no risk to taxpayers.
• South Carolina must compete in the high tech economy.  We cannot do that with low speed wireless networks and DSL.  H. 3508 is corporate protectionism at its worst and will leave South Carolina without the flexibility to compete with states like Tennessee for future private sector investment.  What is more important — protecting AT&T’s incumbent copper wire facilities or attracting hundreds of millions of dollars in investment from private companies like Google and Amazon?

AT&T admits it holds on to some customer data, including text message details, calling records, and billing statements for as long as seven years according to a new Justice Department document that raises privacy and security concerns.

“This disclosure reflects the importance of data minimization,” Greg Nojeim, senior counsel at the Center for Democracy and Technology in Washington, told Bloomberg News. “Some companies do a much better job of disposing of sensitive, personally identifiable information. Once such information is no longer needed for business-reasons, it shouldn’t be held onto because of the risks that it could be obtained by a hacker.”

Privacy advocates are also concerned the lengthy storage offers new opportunities for government intrusion into customer privacy, either for national security or law enforcement purposes.

Although every cell phone company maintains storage of customer and billing records, few keep the data for more than one year.  AT&T stores the data the longest, by far, and that bothers the American Civil Liberties Union of North Carolina:

AT&T/Cingular appears to keep all of its cell tower records since July 2008. How long do they plan to keep this data for? Are they just creating an infinite record of everywhere you’ve ever been with your cell phone? Do you remember where you were on September 28, 2008? If you have AT&T/Cingular, your phone company may know. And they might tell the cops.

But the company says it acts as a responsible steward of the information it warehouses.

AT&T gathers data to provide “the best customer experience possible” and uses “powerful encryption and other security safeguards to protect customer data,” according to the company’s privacy policy.

(Click to enlarge)

The ACLU chapter filed a Freedom of Information Act request to obtain the data seen above.  Once the ACLU won their request, the Justice Department publicly posted the information on their website.

In addition to basic billing and customer data, cell phone companies also record the specific cell towers used when making and receiving calls and the messages that travel across their networks, including where they originated and where they were sent.  The numbers called, call length, and the times of day when your phone is used the most were all recorded.  Some cell phone companies also use the data for marketing purposes.

Also in North Carolina, last week we shared the story of George Kontos, who single-handedly faced down AT&T, who overcharged his family for nearly two years’ of service.  After finally winning a refund of nearly $2,000, Kontos updates Stop the Cap! with news the North Carolina Attorney General’s office has taken an interest in the case and plans to launch a statewide investigation into AT&T’s billing practices.  If the state turns up problems, it’s only a matter of time before other states start their own investigations.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WITI Milwaukee Five year dispute with ATT 10-10-11.mp4[/flv]

The Attorney General of Wisconsin might find something to investigate in Wauwatosa — namely one local woman’s five-year fight with AT&T to maintain basic landline phone service.  WITI in Milwaukee shares the story of Darnelle Kaishian, who considers fighting AT&T her “full time job.”  It’s so bad, her friends now visit her in person, because her phone almost never works.  (2 minutes)